CHEYENNE — A mistrial was declared Friday in a Cheyenne man’s four-day trial for attempted second-degree murder.
A jury deliberated for more than 13 hours over two days before telling Laramie County District Court Judge Nathaniel Hibben that it was deadlocked on Adrian Maggos' guilt in an altercation that left a man shot in the street in front of his Cheyenne home more than six months ago.
At 4:30 p.m., Hibben read the jury’s note in open court: “The jury has unanimously decided that further deliberations would not be productive without compromising each individual’s judgment.”
Maggos was on trial for shooting Matthew Kerlee, also of Cheyenne, in the chest in the early morning hours of April 30 in front of Maggos’ home at 3523 Central Avenue. After the shooting, he allegedly pistol-whipped Kerlee twice in the head and fled the scene.
Maggos’ defense attorneys, Cassie Craven and Stacy Kirven, contended their client acted in self-defense and that Kerlee was the aggressor.
In her closing argument Thursday, Craven said Kerlee was in an alcohol and illegal-drug-fueled rage when he attempted to hit their client, and that Maggos was justifiably in fear for his life.
The jury could have found Maggos guilty or acquitted him of attempted second-degree murder or the lesser charge of attempted voluntary manslaughter.
It did neither.
‘The Jury Is Stuck’
At 3 p.m., the seven men and five women sent Hibben a four-word note: “The jury is stuck.”
Hibben recalled the jury into the courtroom and instructed the jurors to continue to deliberate.
The judge noted the importance of their decision to Maggos’ future. Hibben also said that if they couldn’t reach a verdict, it would mean 12 other people will have to serve on a jury when the process starts over again.
But 90 minutes later came the second note, telling Hibben that the jurors were hopelessly deadlocked.
After declaring the mistrial, the judge thanked them for their service and offered to meet with them after court had adjourned.
Hibben scheduled a status hearing for April 12, 2027, for the two defense attorneys and Laramie County Assistant District Attorney Steven McManamen to update the court. McManamen said someone else would represent the district attorney’s office at that meeting.
Back To Jail
After Hibben announced the mistrial, Craven patted Maggos on the back twice before he was escorted out of the courtroom by Laramie County Sheriff’s deputies, who took him back to jail.
Earlier Friday, the jury asked to have the 911 call from one of Maggos' neighbors replayed. She heard two shots and went outside to render aid to Kerlee until police and EMTs arrived.
The jury also asked to review two door-camera videos from houses near Maggos' home. The videos captured the sounds of the fight, but the words were difficult to make out.
Kerlee and Maggos' ex-girlfriend, Parres Mondragon, pulled into the driveway at about 4:15 a.m. April 30. Mondragon had texted Maggos to be outside to meet them or the windows of his home would be broken.
In her closing argument Thursday morning, Craven noted that Mondragon had sent a threatening text to Maggos on April 19 that Kerlee was coming "to beat your ass."
Fight Not Expected By Victim
But Kerlee testified Tuesday that he didn't expect any confrontation on the night he was shot by Maggos, who he said he had met about 10 times and with whom he'd gotten along.
Kerlee said he was just dropping off Mondragon, who had broken up with Maggos several times.
Kerlee said Mondragon got out of his car and she and Maggos immediately began yelling at each other. Kerlee said after Maggos pushed Mondragon hard against the side of his vehicle and threatened to do more harm to her, he got out of the car and confronted him.
Earlier Kerlee told the jury that Mondragon was the sister of one of his "homeboys," so he always treated her like a sister.
What happened next is complicated and was much in dispute during the trial.
Kerlee testified that he threw the first punch at Maggos but missed, and then blacked out. People who witnessed the incident told police that the two continued to “wrestle,” with Maggos getting the better of Kerlee.
At some point a shot was fired, allegedly from Maggos, who was carrying a 9-mm pistol in the “kangaroo pocket” of his hoodie that allowed him to shoot without pulling out the gun. The shot missed, but everyone else scattered. Mondragon ran across the street and hid in a window well, but later gave police her account of what happened.
Cheyenne Police Detective James Eddy testified that Mondragon gave conflicting information to investigators, but didn’t specify what she told them.
Approximately 20 seconds after the first shot, another one was fired. This time it hit Kerlee in the chest. He could be heard screaming, “F***! I’ve been shot!” on door-camera footage played for the jury.
Body Cam Video Played
A six-minute video from the body cam worn by one of the responding police officers showed EMTs hovering over Kerlee, trying to assess what had happened. They initially thought he had been shot in the head because of the amount of blood there, but Kerlee said the bullet hit his chest. He was transported to Cheyenne Regional Medical Center, where Dr. James Gates performed surgery.
Gates said Kerlee was hit in the left side of his chest, and the bullet traveled at a downward angle and hit the diaphragm, stomach and colon before exiting his lower back.
Kerlee was also given blood tests at the hospital, and the results were positive for methamphetamine, fentanyl, THC (marijuana) as well as alcohol. Craven seized on this evidence, noting that Kerlee was reeking of alcohol at the scene.
Maggos left Kerlee lying on the sidewalk, bleeding. He surrendered to police at his home about eight hours after the incident.
Maggos allegedly told friends that he had “secured” the weapon, which was never found. Maggos’ brother gave police a 9-mm pistol that was in the family’s home, but after the Wyoming State Crime Lab sent it to an outside lab for testing, the results showed it was not the gun used to fire either shot.
Police found two spent 9-mm cartridge casings at the scene, which were from different brands, further adding to the mystery. Craven speculated that someone else at the scene could have fired a weapon.
But McManamen told the jury during his closing argument that there was no reason to look for another suspect, because Kerlee testified that Maggos shot him, and when the suspect was being taken to jail after surrendering to police about eight hours later, he named Kerlee as the victim.
A ‘Lovey-Dovey’ Song
The prosecutor also said that far from threatening her ex-boyfriend the night of the shooting, Mondragon had sent him a text with “a lovey-dovey, heartfelt song” — “Emotionless” by Drake.
“That’s not a threatening song,” McManamen said. He also said Mondragon’s earlier texted threat to break his windows shouldn’t have made Maggos fear for his life.
During his testimony, Eddy said one of the texts Mondragon sent to Maggos after their break-up and before the shooting told him that she still loves him.
